WEST VIRGINIA CODE

(a) Any person employed by the Division of Corrections, any
person working at a correctional facility managed by the
Commissioner of Corrections pursuant to contract or as an employee
of a state agency, any person working at a correctional facility
managed by the Division of Juvenile Services pursuant to contract
or as an employee of a state agency, any person employed by a jail
or by the Regional Jail and Correctional Facility Authority, any
person working at a facility managed by the Regional Jail and
Correctional Facility Authority or a jail or any person employed
by, or acting pursuant to, the authority of any sheriff, county
commission or court to ensure compliance with the provisions of
article eleven-b, chapter sixty-two of this code who engages in
sexual intercourse, sexual intrusion or sexual contact with a
person who is incarcerated in this state is guilty of a felony and,
upon conviction thereof, shall be confined in a state correctional
facility under the control of the Commissioner of Corrections for
not less than one nor more than five years or fined not more than
$5,000.

(b) Any person employed by the Division of Corrections as a
parole officer or by the West Virginia Supreme Court of Appeals as
an adult or juvenile probation officer who engages in sexual
intercourse, sexual intrusion or sexual contact with a person said
parole officer or probation officer is charged as part of his or
her employment with supervising, is guilty of a felony and, upon
conviction thereof, shall be confined in a state correctional facility under the control of the Commissioner of Corrections for
not less than one nor more than five years or fined not more than
$5,000, or both.

(c) The term "incarcerated in this state" for purposes of this
section includes in addition to its usual meaning, offenders
serving a sentence under the provisions of article eleven-b,
chapter sixty-two of this code.

(d) Authorized pat-down, strip search or other security
related tasks does not constitute sexual contact pursuant to this
section.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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